How does the UK Supreme Court impact government legislation and policy? Flashcards
(17 cards)
strengths of the UK Judiciary
- unelected positions - keeps politics away from the judiciary (JAC - Judicial Appointments Committee)
- checks other branches of the UK (e.g. Legislature and Executive)
- Independent
- Have to be impartial (highly qualified, decisions grounded in legal precedent, have no allegiance to a party or view)
- Anonymity
criticisms of the UK judiciary
lack of diversity:
- most are elderly, male, and white
- 80% of justices in High Court or Supreme Court went to Cambridge or Oxford
- One member of the court of appeal comes from an ethnic minority
- ethnic minority candidates make up 18% of applicants
what is Judicial Review
Judicial review is when a court checks if the government (or a public body) has acted lawfully.
It’s not about whether a decision was good or bad — it’s about whether it followed the law.
what can be challenged by Judicial Review
You can ask for a judicial review if a public authority (like a government department, local council, or police) has:
- Broken the law
- Gone beyond its legal powers (ultra vires)
- Acted unfairly
- Failed to follow proper procedures
who does the reviewing of Judicial Review
- Judicial review is done by judges in the High Court.
- It does not decide guilt or innocence, just whether the decision was made legally and fairly.
why is Judicial Review important
Judicial review helps make sure that those in power follow the law, protect rights, and don’t act unfairly.
what is Ultra Vires
If a public body or government official does something that the law does not give them the power to do, that action is called ultra vires — and it can be challenged in court.
what are the two types of Ultra Vires
- Substantive Ultra Vires
- Procedural Ultra Vires
describe Substantive Ultra Vires
The decision itself goes beyond what the law allows.
- Example: A council bans protests, even though no law gives them that power.
describe Procedural Ultra Vires
The decision-maker has power, but didn’t follow the correct process.
- Example: A school closes without holding the required public consultation.
why is Ultra Vires important
Ultra vires protects people from unfair or unlawful decisions by those in power.
If an action is ultra vires, courts can cancel or reverse it through judicial review.
what happened in the case of Reilly v Secretary of State for Work and Pensions (2016)
- Caitlin Reilly was told to do unpaid work to keep getting Jobseeker’s Allowance (benefits).
- If she didn’t, her payments could be stopped.
- She said the government’s rules weren’t fair or clear.
what did the court say in the case of Reilly v Secretary of State for Work and Pensions (2016)
- The government went beyond its legal powers – this is called ultra vires.
- The law said certain details had to be included in the rules, and the government left them out.
- So, the rules were unlawful.
what did we learn from the case of Reilly v Secretary of State for Work and Pensions (2016)
Judiciary has the power to check other branches of UK Government if need be
impact of European Law on the power of the Judiciary
- courts have more power to check gov.’s actions against EU rules
- courts protected EU-based law (e.g. equality, freedom of movement)
- allowed UK courts to disapply UK laws that conflicted with EU law
- let people challenge government using EU law in UK courts
- stronger power over parliament - UK courts could ignore UK laws if they clashed with EU laws
- came from EU legal system - higher authority than UK law (before Brexit)
- Most EU law powers removed from UK courts after Brexit
- Courts could directly disapply national law
Impact of the Human Rights Act (1998), on the power of the judiciary
- gave courts power to check actions/ laws against human rights
- courts protect ECHR rights (e.g. right to life)
- allowed courts to declare UK laws incompatible with rights (but not strike them down)
- let people bring human rights claims in UK courts, not just Strasbourg
- weaker power over parliament - courts cannot strike down laws only issue a declaration of incompatibility
based on ECHR, but still under UK parliamentary control - after Brexit, HRA, still in force, so it’s influence remains
- courts must interpret law to fit rights, and if they can’t, refer the issue to parliament
what are some limitations that still exist, when it comes to the supreme court
- the court can’t change or cancel laws made by parliament
- the court only explains the law, it doesn’t make new laws
- the court stays out of political decisions
